Starting a Company

[cbridges 0]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

[freetv 7]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

[TBoneTX 45,304]

I wouldn't tempt fate. Put off officially starting or forming anything (including filing official paperwork with the state or city!) until you have your EAD in hand. Meanwhile, do other things that will be of support to your business once you can start it: meet potential clients/vendors/colleagues, study developments or trends in your business, scope potential competitors, etc. If there are business-networking groups or clubs in your area, visit or join them, and make contacts or at least some new friends. Even if you have done much of this already, continuing and expanding it will help the time pass and will help your business get off to an even more solid start when you have the "green light" of your EAD.

[cbridges 0]

I wouldn't tempt fate. Put off officially starting or forming anything (including filing official paperwork with the state or city!) until you have your EAD in hand. Meanwhile, do other things that will be of support to your business once you can start it: meet potential clients/vendors/colleagues, study developments or trends in your business, scope potential competitors, etc. If there are business-networking groups or clubs in your area, visit or join them, and make contacts or at least some new friends. Even if you have done much of this already, continuing and expanding it will help the time pass and will help your business get off to an even more solid start when you have the "green light" of your EAD.

Thank you all, great advice

[Gary and Alla 3,694]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

Anyone can start a company or corporation. It is not the same as working and the COMPANY can make money right away, YOU cannot. Money can be earned and depsoited to the COMPANY bank account. When you get your EAD you can be paid. Until then you volunteer.

[Gary and Alla 3,694]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

[cbridges 0]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

Wow, completely different advice to the first 2 replies! I'm confused now as what to do!!! How could I possibly find out officially? I probably cannot can I??

[freetv 7]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

Wow, completely different advice to the first 2 replies! I'm confused now as what to do!!! How could I possibly find out officially? I probably cannot can I??

Well not exactly, I said it most likely wouldn't be a prob, and gary gives good advice (most of the time ) and like he said... how many people own a company in the u.s. and almost never come here? I would do it but be prepared to prove you personally didn't make any money from it until the ead arrives. good luck

[TBoneTX 45,304]

I'd still err on the side of caution and a long-term view. It's imprudent to undertake anything during this immigration process that might raise official questions or eyebrows. Just be patient, and when you have the green light, proceed like Speedy Gonzalez on a caffeine high!

[Gary and Alla 3,694]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

Wow, completely different advice to the first 2 replies! I'm confused now as what to do!!! How could I possibly find out officially? I probably cannot can I??

Knowledeable and experienced advice vs. "I don't know so I wouldn't do it" I know and I would.

[Gary and Alla 3,694]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

Wow, completely different advice to the first 2 replies! I'm confused now as what to do!!! How could I possibly find out officially? I probably cannot can I??

Well not exactly, I said it most likely wouldn't be a prob, and gary gives good advice (most of the time ) and like he said... how many people own a company in the u.s. and almost never come here? I would do it but be prepared to prove you personally didn't make any money from it until the ead arrives. good luck

If you form a company, and you can do that in the next 10 seconds, you can easily prove no money has been paid to you by having the bank records of the company handy at the interview in case you ask. "Here is the bank book, here are cancelled checks...no money paid to me." Just make sure you open an account in the company name, A corporation would be preferable to a DBA but either is legal, except you cannot do a DBA in your name. Your wife can.

[Hannah+Vito 0]

If you hired an attourney as an advisorl for the business you could always ask them to find out? I know many people consult attourneys briefly when starting a new company.

[Gary and Alla 3,694]

Hi everyone,

I have been ready to start my own LLC company for a few months now but still have not got my EAD. My biometrics is on October 2nd so I should have the EAD a couple of weeks after. My question is can I begin the process of starting my company? I obviously wouldn't start making money until I had the EAD, I would just like to have everything ready to begin straight away.

Anyone had any previous experience or knowledge??

Thanks!

It would prob be fine but the only thing I could think of is this: Lets say they some how they find out your offically started the company before your ead arrived. They could turn around and ask you to prove that you didn't make money prior to receiving your ead card. So whether or not you want to go through that (prob won't ever come to that anyway) will decide what you want to do. But I don't think having a company in your name would violate anything, but I am not 100% sure.

If they do ask for this, show them the company bank statements and no payments going to yourself. Bring the company bank statements to the interview in case you are asked. Many foreign people own and operate businesses in the USA and THAT is what the ITIN is for after all. You have an SSN by now I presume and can use that. at any rate, if you incorpaorate it is a separate legal entity, it is not YOU and you will receive a separate tax number from the IRS. YOU own all, or a portion of, a corporation. And what? It is no different than owning a house or a car. You are perfectly legal and no questions would likely even be asked. It is not an immigration issue. I would gladly use it as evidence of relationship..."LOOK we own this business together" If you feel you need additional "cover" (you don't) you can make your wife additional owner or even 51% owner. Depending on what your business does, our remarkable government gives preference to corporations 51% owned by women. Brilliant idea to promote "women's business" and all the construction companies in the country are now 51% owned by women. Remarkable progress that law made for women.

Wow, completely different advice to the first 2 replies! I'm confused now as what to do!!! How could I possibly find out officially? I probably cannot can I??

Check your states "Secretary of State" office. Busineeses are a state matter, there are no federal laws, immigration or otherwise, regulating the forming of a business or corporation. The Secretary of State of each state does this. They will have the rules for your state. In most it is simple and not expensive to form a corporation. There are federal tax laws which apply and if you form a corporation you will need to get a federal tax ID number. You can get this from the IRS 24/7 online in about 3 minutes. They never delay you in a means to PAY tax.

A DBA ("doing business as") is a sole propriertorship which means something like "Joe Smith DBA Joe the Plumber" Obviously in this case JOE must be able to work legally, This business can be formed as fast as you can say "Joe the Plumber" and open a bank account in that name. Your wife can open the account, put the DBA in her name and you can volunteer. so what we do is MARY Smith becomes "MARY Smith DBA Joe the Plumber" Clienbts make checks to "Joe the Plumber" (NOT to Joe) and Joe deposits them in the "Mary Smith DBA Joe the Plumber" account. Mary Smith who owns this account, writes a CHECK to MARY Smith and deposits this to Mary and Joe Smiths" personal account. Joe is never paid a cent and you have proof.

It is perfectly and completely legal. It is not a dodge, it is correct business accounting and bookkeeping. I did for year sfor my oiwn DBA, now incorporated. Businesses are separate legal entities from a person, if separated by accepted business practices or a corporate charter. (an LLC is a corporation, just a different type of legal liability)

[christeen 966]

I have recently file LLC and here were the first steps that I took... Even before EAD you can begin this process since the LLC will pay taxes independently from the owner...

First I researched with my state to be sure the name I was going to use was not in use

Next, In some states you have to register the name (ficticious name) in others it is done automatically when you file your Articles of Organization

Then I wrote my articles of Organization (there are several samples available) and this contains the addresses, structure and responsible parties etc...

Once they were done, I filed this with the Secretary of State

When the LLC was established, I got my local and county business licences, opened my business bank account, line of credit etc....

Then I did my advertising... If you use LLC in the name, you do not have to normally register a ficticious name, if not, then depending on your state you have to register...

So bottom line, you have a lot of things you can start doing and you do not have to have your EAD... this is from a law site regarding the question....

Yes, it is possible to start an LLC without any American citizens or residents. There is no requirement under the state laws governing the formation of LLCs that would prevent it. In fact, I have set up several LLCs with no US citizens or residents.

You ask are there any complications with running the LLC without a resident? The answer is that there may be. For example, the U.S. tax rules that apply to ownership and dispositions of U.S. real estate by foreign persons are different in some important respects from the rules that apply to U.S. persons. Depending upon how the LLC is structured, the ownership of the LLC may affect the tax treatment of the LLC and its members.

Also, although the citizenship and residency status of the owners doesn't directly affect the LLC formation, the ownership of an interest in the LLC may impact the owners if their activities with respect to the management and operation of the LLC (as opposed to simply the ownership of the LLC) violate their visa status.

Best of luck!!!

Edited September 27, 2009 by christeen

[Gary and Alla 3,694]

I have recently file LLC and here were the first steps that I took... Even before EAD you can begin this process since the LLC will pay taxes independently from the owner...

First I researched with my state to be sure the name I was going to use was not in use

Next, In some states you have to register the name (ficticious name) in others it is done automatically when you file your Articles of Organization

Then I wrote my articles of Organization (there are several samples available) and this contains the addresses, structure and responsible parties etc...

Once they were done, I filed this with the Secretary of State

When the LLC was established, I got my local and county business licences, opened my business bank account, line of credit etc....

Then I did my advertising... If you use LLC in the name, you do not have to normally register a ficticious name, if not, then depending on your state you have to register...

So bottom line, you have a lot of things you can start doing and you do not have to have your EAD... this is from a law site regarding the question....

Yes, it is possible to start an LLC without any American citizens or residents. There is no requirement under the state laws governing the formation of LLCs that would prevent it. In fact, I have set up several LLCs with no US citizens or residents.

You ask are there any complications with running the LLC without a resident? The answer is that there may be. For example, the U.S. tax rules that apply to ownership and dispositions of U.S. real estate by foreign persons are different in some important respects from the rules that apply to U.S. persons. Depending upon how the LLC is structured, the ownership of the LLC may affect the tax treatment of the LLC and its members.

Also, although the citizenship and residency status of the owners doesn't directly affect the LLC formation, the ownership of an interest in the LLC may impact the owners if their activities with respect to the management and operation of the LLC (as opposed to simply the ownership of the LLC) violate their visa status.

Best of luck!!!

The "activities with respect to their visa status" would be the payment of you as an employee, OR illegal activities of some sort, money laundering, etc. DON'T do that until you have an EAD or green card. (I mean, pay yourself a salary...of course you should not do illegal things even AFTER the EAD )

The fees to reister corporations vary by state and type of corporation from $10 to $1000. Check with the state Secretary of State